DRAFT 3/28/22 _____
T-CDD-150115/60550 1
Agenda:
Item No.:
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYV ALE AMENDING RESOLUTION NO. 1060-21,
THE CITY'S FEES, RATES AND CHARGES RESOLUTION,
TO AMEND SECTION 7.12 (ADMINISTRATIVE
CITATIONS) TO ADD FINES RELATING TO VIOLATIONS
OF THE SHORT-TERM RENTAL ORDINANCE
WHEREAS, the City Council of the City of Sunnyvale (“City”) adopted Resolution No. 1060-21, the Master Fee Schedule, on June 15, 2021; and WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges to offset the costs for municipal services; and
WHEREAS, unpermitted short-term rentals are a public nuisance and has a detrimental effect on neighborhoods; and
WHEREAS, the negative impact of unpermitted short-term rentals is substantial, often resulting in neighborhood complaints involving crime, noise, trash, parties, and in August 2021 a shooting event in which one person was killed; and
WHEREAS, the response required by City staff to review, investigate, and prosecute unpermitted short term rentals is substantial; and
WHEREAS, in 2021, the Legislature amended California Government Code section 25132 providing that where a violation of a short-term rental ordinance is an infraction and poses a health or safety threat, a city or county may raise the maximum fines to $1,500 for the first violation, $3,000 for the second violation, and $5,000 for each subsequent violation of the same ordinance within one year; and
WHEREAS, the Neighborhood Preservation Division of the Department of Public Safety is seeking additional enforcement tools such as revisions to the short term rental ordinance and increased financial penalties to deter and penalize those who violate the ordinance; and WHEREAS, the City desires to amend Section 7.12, “Administrative Citations” of the Master Fee Schedule in order to add fines for spectators and promoters of sideshows as set forth in Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYV ALE AS FOLLOWS:
1. Section 7.12, “Administrative Citations” of the Master Fee Schedule, is hereby adopted as set forth in Exhibit "A", attached hereto and incorporated herein.
Attachment 4
T-CDD-150115/60550 2
Agenda:
Item No.:
2. The establishment of fees herein is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code 15378(b)(4) because it is related to the creation of government funding mechanisms or other fiscal activities which do not involve any commitment to any specific project.
3. All other provisions of Resolution No. 1060-21 shall remain in effect.
Adopted by the City Council at a regular meeting held on _____________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
City Attorney
Attachment 4
___________________________ ____________________________ Other Code Violations
SMC Ch. 10/62 Sideshow Events (per incident, per person) Spectators $900.00 1001 12102 431059 Other Code Violation Fines Promoters $950.00 1001 12102 431059 Other Code Violation Fines Short Term Rental (STR) Code Violations that Pose a Threat to Public Health or Safety (per incident) SMC Ch. 19.76 (1) First violation $1,500.00 1001 12301 TBD STR Health or Safety Violation Fines
(2) Second violation occurring within one year. $3,000.00 1001 12301 TBD STR Health or Safety Violation Fines
(3) Third and subsequent violations occurring within one year of the first violation. $5,000.00 1001 12301 TBD STR Health or Safety Fines SECTION 7.12 ADMINISTRATIVE CITATIONS
All violations of the Sunnyvale Municipal Code enforced pursuant to Chapters 1.05 and 1.06 are governed by this schedule of fines:
Neighborhood Preservation Code Violations:
SMC Ch. 1.04 (1) First violation
SMC Ch. 1.05 (2) Second violation occurring within 12 months of the most recent citation (3) Third violation occurring within 12 months of the most recent citation Reso. No. 1029-20 Late Payments
Fire Code Violations:
SMC Ch. 1.04 (1) First violation
SMC Ch. 1.05 (2) Second violation occurring within 12 months of the most recent citation (3) Third violation occurring within 12 months of the most recent citation Reso. No. 1029-20 Late Payments
Licensing/Permitting Code Violations
SMC Ch. 1.04 (1) First violation
SMC Ch. 1.05 (2) Second violation occurring within 12 months of the most recent citation (3) Third violation occurring within 12 months of the most recent citation Licensing/Permitting Non-Compliance Penalties
BPC Article 4 Secondhand Dealers/Pawnbroker Permit - One Owner BPC Article 4 Firearms Sales
SMC Ch. 5.28 Peddler/Solicitor
SMC Ch. 5.36 Taxicabs/Taxicab Drivers
SMC Ch. 9.90 Alarms and Alarm Users
SMC Ch. 9.40 Adult Entertainment Establishments
SMC Ch. 9.41 Massage Establishments/Massage Therapists
Reso. No. 1029-20 Late Payments
Fiscal Year Oracle Oracle Natural Natural Account
2021/22 Fund Program Account Title
$100.00 1001 12301 431053 Administrative Citations
$200.00 1001 12301 431053 Administrative Citations
$500.00 1001 12301 431053 Administrative Citations
1% per month 1001 12301 431053 Administrative Citations $100.00 1001 12903 431054 Fire Code Violation Fines
$200.00 1001 12903 431054 Fire Code Violation Fines
$500.00 1001 12903 431054 Fire Code Violation Fines
1% per month 1001 12903 431054 Fire Code Violation Fines $100.00 1001 12704 431059 Other Code Violation Fines
$200.00 1001 12704 431059 Other Code Violation Fines
$500.00 1001 12704 431059 Other Code Violation Fines
$250.00 1001 12704 430655 Secondhand Dealer/Pawnbroker Permits $250.00 1001 12704 430682 Firearm Sales Permits
$250.00 1001 12704 432129 Other Public Safety Fees
$250.00 1001 12704 430653 Taxi Driver and Vehicle Permits $250.00 1001 12704 432129 Other Public Safety Fees
$250.00 1001 12704 430651 Adult Entertainment Permits
$500.00 1001 12704 430652 Massage Establishment Permits 1% per month 1001 12704 431059 Other Code Violation Fines
EXHIBIT A
Attachment 4